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Resolution No. 4603320 RESOLUTION NO. 4603 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT NO. 3 TO DESIGN REVIEW COMMITTEE NO. 91 -13 - WITH CONDITIONS. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. That an application was filed for Design Review Committee approval in accordance with the provisions of Section 18 of the Zoning Ordinance of the City of Cypress to construct a 3,120 square foot mezzanine storage area for the Ushio building located at 10550 Camden Drive. 2. That in accordance with the provisions of Section 18.3 of the City of Cypress Zoning Ordinance, the Design Review Committee reviewed this request on February 29, 1996, at which time it approved the addition of 3,120 square feet of mezzanine storage area for the Ushio building located at 10550 Camden Drive in the PC -5 Planned Community Business Park Zone. 3. That the decision of the Design Review Committee for Amendment No. 3 to Design Review Committee No. 91 -13 was reported to the City Council on March 11, 1996. 4. That the City Council hereby finds that: a. The proposed location of the addition is in accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site is located is: Intended to result in development of a general business - office character which compliments surrounding, existing and planned land uses. b. The proposed location of the storage area and the conditions under which they will be maintained will not be detrimental to the public health, safety or welfare or be materially injurious to properties or improvements in the vicinity in that: (1) The proposed size of the storage area is in accord with the objectives of this Ordinance and the Cypress View Limited Center Specific Plan. (2) The storage area and existing building are compatible with the surrounding uses and will not prove detrimental to the character of buildings or uses already established in the area. c. The proposed storage area will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Amendment No. 3 to Design Review Committee No. 91 -13, subject to the conditions attached hereto as Exhibit "A". PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 11th day of March , 1996. MAYOR OF THE CITY OF CYPRESS 321 ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 11th day of March , 1996, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None c,„__oh CITY CLERK OF THE CITY OF CYPRESS 322 EXHIBIT "A" Amendment No. 3 to Design Review Committee No. 91 -13 10550 Camden Drive CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 1. The developer shall defend, indemnify, and hold harmless, the City and any agency thereof, or any of its agents, officers, and employees from any and all claims, actions, or proceedings against the City or any agency thereof, or any of its agents, officers or employees, to attack, set aside, void or annul, an approval of the City, or any agency thereof, advisory agency, appeal board, or legislative body, including actions approved by the voters of the City, concerning the project, which action is brought within the time period provided in Government Code Section 66499.37 and Public Resources Code, Division 13, CH. 4 (§ 21000 et sec . - including but not by way of limitation § 21152 and 21167). City shall promptly notify the developer of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action and should the City fail to either promptly notify or cooperate fully, developer shall not thereafter be responsible to defend, indemnify, or hold harmless the City. 2. The developers contractor shall provide the City with a Certificate of Insurance on City form evidencing a comprehensive liability insurance policy with a combined single limit of not less than $500,000 each occurrence in connection with the work performed. Certificate shall include the City, its Council, officers, members of boards or commissions and employees as additional Named Insureds with respect to all claims, actions, damages, liabilities and expenses, including attorney's fees, arising out of or in connection with the work to be performed under the development executed by the Named Insured and City, including any act or omission of employees, agents, subcontractors, or their employees. Such certificate shall have a thirty (30) day cancellation notice to the City of Cypress. 3. The applicant/developer shall comply with all provisions of the Code of the City of Cypress. 4. All requirements of the Orange County Fire Marshal's Office and the Cypress Building and Safety Department shall be satisfied prior to final inspection of the new storage area. 5. All applicable conditions of Amendment No. 3 to Design Review Committee No. 91 -13 shall be complied with prior to final building inspection. 6. Within forty-eight (48) hours of the approval of this project, the applicant /developer shall deliver to the Community Development Department a check payable to the County Clerk in the amount of Thirty-Eight Dollars ($38.00) County administrative fee, to enable the City to file the Notice of Exemption pursuant to Fish and Game Code §711.4 and California Code of Regulations, Title 14, section 753.5. If, within such forty -eight (48) • Community Development Department • Planning Division • Exhibit "A°` Amendment No. 3 to Design Review Committee No. 91 -3 Conditions of Approval 323 Page 2 hour period, the applicant /developer has not delivered to the Community Development Department the check required above, the approval for the project granted herein shall be void. BUILDING DEPARTMENT CONDITIONS 7. Applicant /developer shall comply with applicable provisions of the 1994 Uniform Building, Plumbing and Mechanical Codes, 1993 National Electrical Code, California Code of Regulations, Title 24, and the Code of the City of Cypress. 8. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed. 9. Applicant/developer shall comply with all disclosure requirements of the Orange County Fire Authority for hazardous materials use and /or storage and the South Coast Air Quality Management District for exhaustion of air contaminants. FIRE DEPARTMENT CONDITIONS 10. A letter of intended use for the structure shall be submitted to and approved by the Fire Chief prior to issuance of a building permit. 11. Locations and classifications of extinguishers to be determined by the fire inspector. 12. Materials in closely packed piles shall not exceed 15 feet in height, 12 feet on pallets or in racks and 6 feet for tires, plastics and some flammable liquids if high stock piling, comply with UFC, Article 81 and NFPA Std. 231, 231C and 231D. 13. A Fire Authority final inspection is required. Schedule inspection 2 days in advance. Phone number is: (714) 527 -9447. Revised 3/12/96 • Community Development Department • Planning Division •